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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-12-2022, 04:42 PM
ottawaparent ottawaparent is offline
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Default Settlement conference brief without offer

My ex just sent me their settlement conference brief but they did not include an offer to settle in it. Is this allowed? Or an indication that they don't plan to settle but want to go to trial.
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Old 04-12-2022, 05:37 PM
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Was this an initial filing or are they responding to you?

If it's an initial filing, what are they asking for?
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Old 04-12-2022, 06:09 PM
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Originally Posted by blinkandimgone View Post
Was this an initial filing or are they responding to you?

If it's an initial filing, what are they asking for?
Not sure what initial filing is. They are the applicant . Settlement conference is booked. They served their brief by the deadline, so I am not sure if the court will allow them more time after deadline to amend or add to brief.
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Old 04-12-2022, 06:19 PM
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What they ask for? In your response you can come with an offer or not, depends what's at play.

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Old 04-12-2022, 06:51 PM
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What they ask for? In your response you can come with an offer or not, depends what's at play.

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you mean it is not required to go to a settlement conference with an offer to settle
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Old 04-12-2022, 07:11 PM
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No, it's not.
Every family law case has to have a settlement conference if the parties (you and your partner) cannot agree on your issues.
The judge at each settlement conference has 2 main goals. Their first goal is to see whether some or all of the case can be settled permanently, without going further in the court process.
Their second goal is to make sure that all the information and documents that a trial judge needs to make a decision on your case have been exchanged and that the case is ready to go to trial.
If you both know that the case goes to trial you can actually have a combined SC/TMC for a faster expenditure.

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Old 04-12-2022, 07:59 PM
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Quote:
Originally Posted by paco View Post
No, it's not.
Every family law case has to have a settlement conference if the parties (you and your partner) cannot agree on your issues.
The judge at each settlement conference has 2 main goals. Their first goal is to see whether some or all of the case can be settled permanently, without going further in the court process.
Their second goal is to make sure that all the information and documents that a trial judge needs to make a decision on your case have been exchanged and that the case is ready to go to trial.
If you both know that the case goes to trial you can actually have a combined SC/TMC for a faster expenditure.

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I just saw this that answers my question. https://canlii.ca/t/gmfpd

it is MUST to have a offer to settle at the Settlement conference
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Old 04-19-2022, 11:59 AM
ifonlyihadknown ifonlyihadknown is offline
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Originally Posted by ottawaparent View Post
I just saw this that answers my question. https://canlii.ca/t/gmfpd

it is MUST to have a offer to settle at the Settlement conference
Then you can include one in yours and they will look like fools at the case conference.
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